Published tribunal order
Tenancy Tribunal case 5471936 — Rent arrears at 11A Sharland Avenue, Manurewa, Auckland 2102
Decided 23 Jun 2026 · Published 23 Jun 2026 · Application 5471936
- Rent arrears
- 14-day notice
Order
- [The tenant/s] owes Kāinga Ora–Homes And Communities $810.00 (“the debt”) which is rent arrears up to 29 June 2026.
- [The tenant/s] must pay rent and the debt as follows: a. By weekly payments of current rent plus $20.00 for the debt. Note: At the date of this order, the current rent is $90.00 so the weekly payment due is $110.00. If the current rent increases, then the weekly payment due will increase. If the current rent decreases, then the weekly payment will decrease. b. Payments will be every Tuesday, with the first payment on 23/06/2026 .
- Payments will be allocated first to rent, and then to debt.
- If the tenant fails to pay any weekly payment of rent and debt within 5 working days of the due dates: a. The tenancy at 11A Sharland Avenue, Manurewa, Auckland 2102 will terminate and the landlord will have immediate possession of the premises. b. The balance of the debt will be payable immediately. 5471936 2
Reasons
- The landlord attended the hearing held remotely. I telephoned the tenant however the phone went to voicemail. I continued with the hearing as the tenant has been posted notice of the hearing date and time to the tenancy address and been sent email and text reminders.
- The landlord has applied for termination of the tenancy and payment of rent arrears. The landlord would prefer to continue the tenancy but says it has not been able to contact the tenant.
Should a conditional termination order be made?
- Where rent is at least 21 days in arrears on the date the application was filed, the Tribunal must make either a final or a conditional termination order. See section 55(1)(a) and (1A) Residential Tenancies Act 1986.
- The landlord has supplied rent records which show the tenant has a pattern of not paying rent for several weeks and then paying a lump sum. The amount owing up to the end of this rent week is $810.00 which is more than 8 weeks of rent.
- I agree to give the tenant a chance to repay the debt because of the payment history. I have granted a conditional termination order which requires the tenant to pay an extra $20.00 per week on top of current weekly rent.
- If weekly rent increases, then the weekly payment must increase to always be $20.00 more than current rent.
- If any weekly payment is more than 5 working days late, the landlord will have the right to terminate the tenancy. The possession order may be enforced for 90 days from the first breach. See section 64(4)(b) Residential Tenancies Act 1986.
- The conditional termination order will lapse if the debt is fully repaid.
- I encourage the tenant to contact their property manager.